Terms of Service

The website with the domain name Panterstore.com (referred to briefly as the “SITE”) is operated by PANTER KIRTASİYE İÇ VE DIŞ TİC.LTD.ŞTİ. All natural and legal persons who benefit from the services offered on the SITE or access the SITE in any way are deemed to have accepted these Terms of Use (referred to briefly as the “TERMS”) and the Privacy Policy, which is an integral part and annex of these TERMS. Every natural and legal person who benefits from the SITE’s services and accesses the SITE is also deemed to have pre-accepted the changes made to these TERMS. These TERMS and the Privacy Policy, which is an integral part of these TERMS, were published on the SITE on 26.06.2013, made accessible to all persons using the SITE, and entered into force. 1. DEFINITIONS In these TERMS: SITE: The website named Viapera.com, accessible online, where various services and content are offered within the framework determined by the SITE OWNER, SITE OWNER: PANTER KIRTASİYE İÇ VE DIŞ TİC.LTD.ŞTİ., which operates the SITE, USER(S): The natural or legal person(s) who access the SITE online and benefit from the services offered on the SITE within the scope of these TERMS, LINK: Connections that allow access from the SITE to another website, files, or content, or from another website to the SITE, files, and content, CONTENT: All kinds of visual, written, and auditory images, such as information, files, pictures, figures, prices, etc., published on or accessible through the SITE and/or any website, SERVICE(S): The applications introduced within the SITE by the SITE OWNER to enable the USER to perform the business and transactions defined in this Agreement, and the sale of products to the USER(S) via the SITE, SYSTEM ACCESS TOOLS: Information such as username, password, and/or passcode known only to the USER that allows access to the SITE, PRIVACY POLICY: The privacy policy that is accessible on the SITE and forms an integral part of these TERMS. 2. USER RIGHTS AND OBLIGATIONS 2.1. IN GENERAL 2.1.1. The USER is obliged to act in compliance with these TERMS, the rules specified in relevant sections of the SITE, and all applicable legislation while benefiting from the SERVICES and performing any transaction on the SITE. 2.1.2. The USER accepts, declares, and undertakes that in cases where the SITE OWNER is obliged to make disclosures to official authorities in accordance with the provisions of mandatory legislation in force, the SITE OWNER shall be authorized to disclose the confidential/private/commercial information of the USERS if requested by official authorities in accordance with the procedure, and that no compensation can be claimed from the SITE OWNER under any name for this reason. 2.1.3. Responsibility for the security, storage, keeping away from the knowledge of third parties, and use of the System Access Tools (username, password, etc.) used by USERS to benefit from the SERVICES belongs entirely to the USERS. The SITE OWNER has no direct or indirect responsibility for any damages suffered or that may be suffered by USERS and/or third parties due to any negligence or fault of USERS regarding the security, storage, keeping away from the knowledge of third parties, or use of the system access tools. 2.1.4. USERS may only perform transactions on the SITE for lawful purposes. The legal and criminal responsibility for every transaction and action performed by the USERS on the SITE belongs to them. Each USER accepts, declares, and undertakes not to reproduce, copy, distribute, or process any images, texts, visual and auditory images, video clips, files, databases, catalogs, and lists found on the SITE that would constitute an infringement of the real or personal rights or assets of the SITE OWNER and/or any other third party; and not to enter into direct and/or indirect competition with the SITE OWNER through these actions or any other means. The SITE OWNER cannot be held directly and/or indirectly responsible in any way for any damages suffered or that may be suffered by third parties due to the activities performed by USERS on the SITE in violation of the provisions of this Agreement and the law. 2.2. REGARDING PRODUCT PURCHASE VIA THE SITE 2.2.1. The USER may purchase the product(s) announced/published on the SITE. The USER accepts, declares, and undertakes to approve the preliminary information form and the distance sales contract to be drawn up between them and the SITE OWNER regarding the product(s) purchased. 2.2.2. The SITE OWNER is responsible for the delivery of the product(s) purchased via the SITE to the purchasing USER or the person/organization at the address indicated by the purchasing USER, in a sound, complete, defect-free manner, in accordance with the qualifications specified in the order, and together with warranty certificates and user manuals, if any, within the period specified in the preliminary information form and distance sales contract, provided that the legal period of thirty (30) days is not exceeded. 2.2.3. Delivery costs (shipping fee) shall be paid by the purchasing USER. The SITE OWNER cannot be held responsible for the non-delivery of the ordered product(s) to the purchasing USER due to any problem encountered by the shipping company during the delivery of the product(s). 2.2.4. In the event that it is understood that the SITE OWNER cannot fulfill its performance obligation arising from the distance sales contract within the specified period, the SITE OWNER may supply different product(s) of equal quality and price to the purchasing USER by informing them and obtaining their explicit consent. 2.2.5. In case of impossibility of fulfilling the performance obligation arising from the contract, the SITE OWNER shall notify the purchasing USER of this situation before the expiry of the performance obligation period and refund the total amount to the purchasing USER within 10 (ten) days. 2.2.6. For the delivery of the product(s), the price of the product(s) must have been paid via the payment method preferred by the purchasing USER. If the price of the product(s) is not paid for any reason or is canceled in the bank records, the SITE OWNER is deemed to be released from the obligation to deliver the product(s). 2.2.7. If the relevant bank or financial institution does not pay the product price to the SITE OWNER after the delivery of the product(s) due to the unauthorized or unlawful use of the purchasing USER's credit card by unauthorized persons in a manner not caused by the purchasing USER's fault, the purchasing USER must return the product(s) to PANTER KIRTASİYE İÇ VE DIŞ TİC.LTD.ŞTİ. within 3 (three) days, provided that it has been delivered to them. In this case, shipping costs will be borne by the SITE OWNER. 2.2.8. If the SITE OWNER cannot deliver the subject product(s) of the contract within the time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation or interruption of transport, it is obliged to inform the purchasing USER. In this case, the purchasing USER may exercise one of the rights to cancel the order, replace the product(s) subject to the contract with a substitute if any, and/or postpone the delivery period until the obstructive situation is eliminated. In case the purchasing USER cancels the order, the total amount paid is refunded to them in cash and in full within 10 days. In payments made by the purchasing USER with a credit card, the product amount is refunded to the relevant bank within 7 days after the order is canceled by the purchasing USER. Since the reflection of this amount to the purchasing USER's accounts after the refund to the bank is entirely related to the bank's transaction process, the purchasing USER acknowledges in advance that it is impossible for the SITE OWNER to intervene in any way for potential delays and that the reflection of the amount returned to the credit card by the SITE OWNER to the purchasing USER's account by the bank may take an average of 2 to 3 weeks. 2.2.9. The SITE OWNER undertakes that the purchasing USER has the right to withdraw from the contract within 7 (seven) days from the date of delivery by rejecting the goods without assuming any legal or criminal responsibility and without giving any justification, and to take back the goods from the date the withdrawal notification reaches them. To exercise the right of withdrawal, the purchasing USER must provide written notification to the SITE OWNER's e-mail address at panterkirtasiye@gmail.com within the 7 (seven) day withdrawal period. 2.2.10 The SITE OWNER shall refund the total amount received within a maximum of 10 (ten) days from the date the withdrawal notification reaches them, without imposing any costs on the purchasing USER. 2.2.11. The purchasing USER accepts, declares, and undertakes to exercise the right of withdrawal by sending the product(s) delivered to them or a 3rd party, along with the invoice and return form, to the SITE OWNER. Costs arising from the exercise of the right of withdrawal belong to the SITE OWNER. 2.2.12. The purchasing USER accepts, declares, and undertakes that the product(s) to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any. 2.2.13. The purchasing USER cannot exercise the right of withdrawal for goods produced in accordance with the special requests and demands of the purchasing USER or made personalized by making changes or additions. Furthermore, the purchasing USER cannot exercise the right of withdrawal in the case of goods that cannot be returned due to their nature, all kinds of cosmetics, underwear products, disposable items, goods that are likely to deteriorate rapidly or expire, audio or video recordings, software programs, computer consumables, and copyable goods. The exercise of the right of withdrawal is subject to the condition that the packaging of the product is not damaged, is not deteriorated, and the product has not been used. 3. SITE OWNER'S RIGHTS AND OBLIGATIONS 3.1. The SITE OWNER reserves the right to change the SERVICES and content offered on the SITE at any time. The SITE OWNER may exercise this right without any notice or prior warning. 3.2. Within the SITE, links to some websites or content not under the control of the SITE OWNER may be provided by the SITE OWNER only for reference convenience or various reasons. These links do not support the mentioned website or content owner and do not constitute any kind of declaration or guarantee regarding the information contained in the website or content. The SITE OWNER has no responsibility regarding portals, websites, files, and content accessed through links on the SITE, or the services or goods offered from the portals or websites accessed through these links, or their content. 3.3. The SITE OWNER cannot be held responsible for the problems the purchasing USER may experience due to interruptions in access to the SITE caused by technical problems. 3.4. The SITE OWNER may make changes and/or adaptations to the SERVICES at any time to enable USERS to perform the business and transactions defined in this Agreement more effectively on the applications presented within the SITE. The rules and conditions that USERS are obliged to comply with regarding these changes and/or adaptations made by the SITE OWNER are announced to USERS by the SITE OWNER on the webpage where explanations regarding the use of the relevant SERVICES are located. 3.5. The SITE OWNER may provide the SERVICES for a fee or through other means at any time by notifying them on the SITE. From the moment the notification is made on the SITE, the said SERVICES will be provided under the announced terms and conditions, and the new terms and conditions will also apply to the USERS who benefited from the said SERVICES before the change. 3.6. USERS are obliged to immediately fulfill the changes and/or corrections requested by the SITE OWNER. The change and/or correction requests made by the SITE OWNER can be implemented by the SITE OWNER if deemed necessary. Damages, legal and criminal responsibilities that may arise or have arisen due to the failure of the USERS to fulfill the change and/or correction requests demanded by the SITE OWNER in a timely manner belong entirely to the USERS. 4. PRIVACY POLICY The SITE OWNER may use information about USERS on the SITE, outside the scope of this Agreement, within the scope of the Privacy Policy, which is an integral part of this Agreement. The SITE OWNER may disclose or use the confidential information of USERS to third parties outside the scope of this Agreement, but only under the conditions specified in the Privacy Policy. 5. INTELLECTUAL PROPERTY RIGHTS 5.1. All elements of the SITE, including but not limited to its design, text, images, html code, and other codes (hereinafter referred to as “SITE OWNER’s copyrighted works”), belong to the SITE OWNER and/or are used under a license right obtained by the SITE OWNER from a third party. USERS cannot resell, share, distribute, display, or allow others to access or use the SERVICES, SITE OWNER information, and the SITE OWNER’s copyrighted works. Otherwise, they will be obliged to cover the compensation amount demanded from the SITE OWNER due to damages suffered by third parties, including licensors, as well as court costs and attorney's fees. USERS cannot reproduce, distribute, or create derivative works from the SITE OWNER’s copyrighted works. 5.2. All assets, real and personal rights, commercial information, and all rights regarding know-how, including all material and intellectual property rights owned by the SITE OWNER via the SERVICES, information, copyrighted works, trademarks, commercial appearance, or the SITE, are reserved. 6. CHANGES The SITE OWNER may, at its sole discretion, change these TERMS at any time by announcing them on the SITE. The changed provisions of these TERMS shall become effective on the date they are announced. 7. FORCE MAJEURE In all cases deemed force majeure by law, the SITE OWNER is not liable for any late or incomplete performance or non-performance of any of its obligations determined by this Agreement. Such and similar situations will not be deemed as delay, incomplete performance, or non-performance or default for the SITE OWNER, and no compensation can be claimed from the SITE OWNER under any name for these situations. The term “force majeure” shall be interpreted as unforeseeable and unavoidable events beyond the reasonable control of the relevant party and which the SITE OWNER could not prevent despite showing necessary care, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages, and adverse weather conditions. 8. GOVERNING LAW AND JURISDICTION In the application and interpretation of these TERMS and the management of legal relations arising within these TERMS, Turkish Law shall be applied. Istanbul Courts and Enforcement Offices are authorized to resolve any dispute that may arise from these TERMS. 9. VALIDITY OF SITE OWNER'S RECORDS The USER accepts, declares, and undertakes that in disputes that may arise from these TERMS, the electronic records and system records kept by the SITE OWNER in its own database or servers, commercial records, ledger records, microfilm, microfiche, and computer records shall constitute valid, binding, definitive, and exclusive evidence; that this is an evidence contract within the meaning of Article 193 of the Code of Civil Procedure (HMK), and that they release the SITE OWNER from the offer of oath. 10. ENTRY INTO FORCE This Agreement has entered into force upon being mutually accepted by the USER’s electronic approval.